Court No. - 37
Case :- WRIT - A No. - 11750 of 2019 Petitioner :- C/M Shri Ishwardeen Cheddilal Inter College, Allahabad Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ishir Sripat,Rahul Sripat(Senior Adv.) Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Heard Sri Rahul Sripat, Senior Advocate, assisted by Sri Ishir Sript, learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the State-respondents.
By means of this writ petition the petitioner, which is the Committee of Management of Shri Ishwardeen Cheddilal Inter College, Jasra, Allahabad has come up to this Court challenging the order dated 3.6.2019 by which promotion for filling up Class-III Post, one by direct recruitment and other by promotion has been put on hold. The order recites that for unforeseeable reason the proceedings for appointment has been suspended.
In a similar circumstances, a writ petition being Writ Petition No. 9953 of 2019 (C/M. Sri Lakha Inter College, Mathura vs. State of U.P. and others) was filed in which learned Standing Counsel was granted time to seek instruction in the matter as to what is the unforeseeable reason and the learned Standing Counsel informs that there was some illegality in the appointment on Class-III post in an Intermediate Colleges in which enquiry was being conducted and, therefore, no appointments are being permitted. In that writ petition it was also held that this could not be a reason for forestall the appointment on current vacancies and a direction was issued to the District Inspector of Schools to pass appropriate orders ignoring the order of the Director of Education (Secondary). Similar is the situation in this case also.
The writ petition is disposed of with the observation that the District Inspector of Schools will proceed to verify the vacancies whether the said vacancies are to be filled by direct recruitment or by promotion and pass appropriate orders, in accordance with law, ,as far as possible, within a period of two months from the date a certified copy of this order is presented before the authority concerned.
Order Date :- 30.7.2019 SKM